Forensic Accounting
Forensic Accounting
Forensic Accounting
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Data analysis: applying data analysis to look at large amounts of financial
data and spotting any anomalies that might indicate misconduct
Interviewing: speaking with individuals involved in a case to gather
statements
Expert witness testimony: presenting expert testimony in legal
proceedings, usually explaining complex financial concepts
Due diligence: conducting financial due diligence to assess financial health
of a business, investment, or individual
Litigation support: helping legal teams prepare for trial by providing
financial expertise
To get into forensic accounting, you’ll need the right education, certifications, and
technical and soft skills.
Many, but not all, forensic accountants are also chartered accountants (CAs). CAs
are accountants with a specified amount of experience and education who have
passed the ICAN exam. While this certification isn’t required, it can help increase
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forensic accountants’ job prospects and pay and gives them credibility when
testifying in court.
Skills
“The general educational background and skill set for general accountants/CAs and
forensic accountants are often very similar, but a forensic accountant must have a
more skeptical mindset and should have a general understanding of the legal
system, According to Matthew Greenblatt, senior managing director at FTI
Consulting, says. Forensic accountants should be ready to defend their conclusions
in a litigation, including, but not limited to, providing expert testimony in
deposition or at trial.”
Fraud investigation
Data analysis
Internal and external auditing techniques
Writing skills
Investigate skills
Interrogative skills
To thrive in both the accounting and legal parts of the role, you also need soft
skills like:
Attention to detail
Communication
Critical thinking
Public speaking
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Terminology in Forensic Accounting
The terms are not strictly defined in regulatory guidance and the meaning of
forensic accounting is quite broad: it is the application of accountancy skills and
knowledge in circumstances that have legal consequences. There are many
circumstances with legal consequences in which accountancy might be required;
the most well known of which is investigating alleged fraudulent activity.
Forensic accounting is the term used to describe the type of engagement. It is the
whole process of carrying out a forensic investigation, including preparing an
expert’s report or witness statement, and potentially acting as an expert witness in
legal proceedings.
Application
An insurance claim would require determination of how much the client should
claim from the insurer. The first step would be a detailed review of the insurance
policy to determine ‘coverage’, ie what is insured and any clauses that might
restrict the amount that can be claimed or invalidate the claim.
The second step would be to gather evidence to quantify the loss, ie the amount to
be claimed. Insurance claims might include claims following misappropriation of
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assets, ie theft of goods or money. In such cases, the forensic accountant will
review inventory or cash records and details of sales and purchases to reconcile the
amounts held and determine the value of the goods or cash stolen. They will also
test the reliability of the information held by counting a sample of inventory or
cash currently held in comparison with the client’s records. The forensic
accountant will not assume that there has been a theft; they will consider other
possibilities such as an error in the data held.
Insurance claims may however, be much more complicated than this, such as in the
case of business interruptions arising as a result of fire or flood. In these types of
engagements the forensic accountant will review prospective financial information
in comparison with reported outturn to evaluate the loss of profit arising as a result
of the business interruption. The forensic accountant will not assume that there has
been any loss of profit due to the business interruption; they will consider other
possibilities such as a straightforward loss of market share to a competitor.
Forensic engagements often require the forensic accountant to quantify a loss. One
such engagement is in professional negligence claims, ie when another accountant
has breached their duty of care to a client or third party resulting in a loss for that
client. In these types of engagement, the forensic accountant would also provide an
opinion on whether the duty of care owed has been breached, ie whether the audit
or other accountancy service was performed in accordance with current standards
in practice, legislation and techniques. In relation to an audit, this would require
consideration of whether the International Standards on Auditing were followed.
The need for a forensic accountant may also arise because two parties cannot agree
on the amount owed by one party to another, and the accountant is engaged to
provide an expert valuation, of a business for example.
This might be the case in a matrimonial dispute, where a divorcing couple whose
assets include shares in a company or partnership, engage a forensic accountant to
value the company so that a settlement can be reached. A similar process might
apply in partnerships, when one partner wishes to leave the partnership and is
being bought out by the remaining partner(s).
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An expert witness is quite different to any other witness in court proceedings. Most
witnesses are 'witnesses of fact', ie they can only provide evidence on what they
saw, did or heard. Most importantly, they cannot give their opinion on any of the
matters about which they give evidence. By contrast, an expert witness is
specifically called to give their opinion on a particular matter.
A witness will provide a written report/statement to the court, and may also be
required to attend court to give live evidence, in person, and be cross-examined by
the ‘other side’.
Either way, a key skill necessary in being a successful forensic accountant is the
ability to explain complex accounting concepts in simple terms to someone who is
not themselves an accountant, whether that be as an expert witness explaining
matters to the judge or jury, or when explaining matters to the client. Forensic
accounting integrates investigative, accountancy, and communication skills.
Planning
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As an agreed-upon procedures engagement, the forensic accountant will normally
prepare a report for the client that sets out their findings, based on the scope agreed
in the engagement letter. This report may be addressed to management, often in the
case of a fraud, or to the insurer.
Planning will commence with a meeting with the client in which the engagement
team will develop an understanding of the issue/events (the fraud, theft etc) and
actions taken by the client since it occurred.
A key part of planning is to confirm exactly what format the output is required in,
and exactly what matters are required to be covered within it.
At this stage any key documentation will be obtained and scrutinised – for
example, the insurance policy, the partnership agreement, the evidence that led to
the discovery of the fraud, etc.
The team will agree with the client, what access to other information or personnel
will be required and this will be arranged.
Based on the above, the team will design procedures that enable them to meet the
requirements of the client, as agreed. This may or may not include test of controls,
depending on the circumstances. There would be no need to tests control when
valuing a business for a matrimonial dispute. However, testing controls will be key
to determining how a fraud took place.
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Forensic engagements will include a detailed and wholesale review of all
documentation and electronic evidence available. The opinion given by the expert
accountant must be reasoned, and backed up by evidence. Their opinion cannot be
objective if only based on what they are told; they must corroborate that
information.
To be awarded marks in the exam, your procedures cannot be vague. They must be
specific enough that the engagement team could actually follow your instructions.
For example, it would not be sufficient to write 'interview the suspect'. You must
suggest questions that should be asked of the suspect in interview, depending on
the circumstances in the scenario. For example, the suspect could be asked to
explain their job role and what access that gives them to systems, cash, inventory
etc.
In order to design appropriate procedures you must identify the type of forensic
accounting engagement, and the specific type of fraud, insurance or negligence
claim. For example, quantifying the theft of goods will be very different from
quantifying a loss from payroll or ‘ghost employee’ fraud or loss of profits
following a business interruption (as discussed above).
The range of ethical and professional issues will be similar to any other type of
engagement. However, the importance of ethics is arguably much greater in
relation to forensic accountancy. Often both ‘sides’ will bring an expert witness to
the hearing where they do not agree. The decision maker must decide which
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evidence they ‘prefer’ – the credibility of the witness is often the primary factor on
which they can base that decision and the credibility of an accountant is reliant on
their compliance with the fundamental ethical principles.
In the exam, you will also need to note whether the client requesting the forensic
accounting service is an audit client, if so, this will present an additional and
particularly important threat to objectivity; a self-review threat. The investigation
is likely to involve the quantification of an amount, which will then be reviewed as
part of the financial statements audit. The significance of the threat will be
affected by the materiality of the amount and the subjectivity involved in
quantifying it, eg if for loss of profits following business interruption this will be
more subjective than quantification of the value of stolen inventory.
Remember that the decision to prosecute is a matter for the client. Often, clients do
not want to prosecute for fear of damaging their reputation. The forensic
accountant can provide the client with an analysis of all of the facts, but must not
make the decision to prosecute (a management threat to objectivity). The forensic
accountant has a duty of confidentiality, unless it is in the public interest to do so,
they must not disclose the fraud to any third party including the police, without
client permission.
A final note
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Summarily presented,
FORENSIC ACCOUNTING
Forensic accounting is the branch of accounting that deals with the detection and
prevention of financial crimes. As a forensic accountant, you'll use your
competencies in accounting, auditing, and investigative techniques to detect and
analyze cases of fraud and other financial crimes
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Below are four steps that forensic accountants follow when investigating financial
crimes or issues.
Map out the investigation. The first step involved in investigative accounting is
preparation. ...
Gather evidence to support the case. ...
Prepare the report. ...
Testify in court.
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